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$100,000 H-1B supplemental fee (Sept 2025 proclamation)
Presidential proclamation creating a $100K fee on certain new H-1B petitions. Does NOT apply to transfers/extensions.
Issued September 2025. Per current USCIS guidance: the $100,000 supplemental fee applies ONLY to NEW H-1B petitions for workers OUTSIDE the United States. It does NOT apply to: (a) transfers for workers already in the US, (b) extensions, (c) change of status, (d) cap-exempt petitions. Many employers' HR teams don't know this and reject H-1B applicants unnecessarily — point them to the USCIS H-1B FAQ. Courts in Massachusetts (June 2026) and California (Sept 2026) have vacated the agency policies that collect the payment. The proclamation was renewed Sept 18, 2026; see the fee status page.
Sources & official references
- USCIS H-1B FAQ (Sept 2025 fee proclamation)— USCIS guidance: the September 2025 $100,000 supplemental fee applies only to new H-1B petitions for workers outside the US — NOT to transfers, extensions, or change-of-status for workers already in the US.
- USCIS H-1B FAQ
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